Citation Nr: 21064893
Decision Date: 10/21/21	Archive Date: 10/21/21

DOCKET NO. 18-50 913
DATE: October 21, 2021

REMANDED

Whether new and material evidence has been received in order to reopen a claim of entitlement to service connection for bilateral hearing loss is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1972 to September 1974.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in June 2018 by the Department of Veterans Affairs (VA) Regional Office.  

In July 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is associated with the record.  At such time, the undersigned held the record open for 60 days for the submission of additional evidence; however, none has been received to date.

Whether new and material evidence has been received to reopen the claim of entitlement to service connection for bilateral hearing loss.

By way of background, the Agency of Original Jurisdiction (AOJ) originally denied the Veteran's claim for service connection for bilateral hearing loss based on a finding that he did not meet the criteria for a hearing loss disability as defined by VA regulations in a December 1974 rating decision. Thereafter, in a February 2007 rating decision, the AOJ reopened the claim, but denied such on the merits based on a finding that the evidence did not show that the Veteran's currently diagnosed bilateral hearing loss was related to his military service or manifested to a compensable degree within one year of discharge from active duty. In April 2018, the Veteran filed the current application to reopen his claim for service connection for bilateral hearing loss.

However, prior to reaching the merits of the claim, the Board finds that further development is necessary in order to obtain outstanding private treatment records pertaining to the treatment of the Veteran's bilateral hearing loss. Specifically, at the July 2021 Board hearing, he testified that he received care from a private treatment provider through the Veterans Choice Program when he first sought treatment for his bilateral hearing loss from VA in 2013. In this regard, VA treatment records dated from December 2013 through December 2017, to specifically include those in December 2013, April 2014, January 2015, July 2015, May 2016, September 2016, and December 2017, indicate he underwent audiology consults via a non-VA health care provider, which were scanned into the system.  However, such records have not been associated with the record. Therefore, a remand is necessary in order to obtain such records by retrieving the scanned documents from VistA Imaging, or, if unavailable, by requesting that the Veteran submit, or authorize VA to obtain, such records.

The matter is REMANDED for the following action:

Obtain all outstanding private treatment records pertaining to the Veteran's bilateral hearing loss that have been scanned into VistA Imaging, to include those from December 2013, April 2014, January 2015, July 2015, May 2016, September 2016, and December 2017. 

If such records are unavailable, or cannot be retrieved,  provide the Veteran an opportunity to submit, or authorize VA to obtain, such private treatment records.  After securing any necessary authorization from the Veteran, obtain all outstanding private treatment records.  Make at least two (2) attempts.  If any such records are unavailable, inform the Veteran and afford him an opportunity to submit any copies in his possession.  

 

 

A. JAEGER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. M. Celli, Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.